Bombay High Court

KALYAN BHAUSAHEB BARHATE AND OTHERSversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The court held that the substantive sentence may be suspended and bail granted pending the final disposal of the appeal.

Summary

The applicants, convicted in Sessions Case No. 367 of 2025 for offences under Sections 332, 323 and 353 read with Section 34 of the Indian Penal Code, filed a criminal application seeking suspension of their substantive sentence and release on bail pending the hearing of their appeal. The Additional Sessions Judge had imposed the sentence, and the appeal was expected to take considerable time for final disposal. The High Court, noting the delay in the appeal process, granted the relief sought in prayer clause B, ordering that the substantive sentence be suspended and the applicants be released on bail. The order was pronounced by Justice Siddheshwar S. Thombre in a vacation court sitting on 18 May 2026. Consequently, the application was allowed, and the applicants were released pending the final disposal of the appeal.

Issues considered

Whether a court may suspend a substantive sentence and grant bail to convicted persons pending the final disposal of a criminal appeal.

Subjects

criminal appeal
suspension of sentence
bail
Indian Penal Code
Section 332
Section 323
Section 353
criminal application

Judgment

                                                             39.APPLN.1922.2026.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO. 1922 OF 2026
                                     IN
                       CRIMINAL APPEAL NO. 371 OF 2026

Kalyan Bhausaheb Barhate and Others                        ...Applicants

         Versus

The State of Maharashtra                                   ...Respondent
                                  ***
Mr. N. S. Ghanekar, Advocate for the Applicants
Mr. Sachin G. Joshi, APP for Respondent – State.
                                  ***

                                      CORAM : SIDDHESHWAR S. THOMBRE, J.
                                              (VACATION COURT)
                                      DATE : MAY 18, 2026
PER COURT :

1.                 Heard the learned counsel for the applicant and the

learned APP for the respondent – State.

2.                 By the present application, the applicant seeks suspension

of substantive sentence imposed by the learned Additional Sessions

Judge, Gangapur, District Aurangabad, in Sessions Case No. 367 of

2025.

3.                 Considering that the appeal would take considerable time

for final hearing and final disposal on merits, I am inclined to grant

relief in terms of prayer clause (B).



Shrikant Malani                                                         Page 1 of 2
                                                            39.APPLN.1922.2026.odt



4.                Accordingly, the application stands allowed in terms of

prayer clause (B), which read as under :

       “B)        Pending hearing and final disposal of the criminal
                  appeal,   substantive   sentence   may   kindly     be
                  suspended and applicants may kindly be released on
                  bail in Sessions Case No.367 of 2025 bearing crime
                  no. 218 of 2018 registered with Gangapur Police
                  Sation, Tq. Gangapur, Dist. Aurangabad for the
                  offences punishable under Section 332, 323, 353 r/w
                  34 of the Indian Penal Code.”




                                          ( SIDDHESHWAR S. THOMBRE, J. )




Shrikant Malani                                                        Page 2 of 2

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